944, A lot line adjustment and land, Staff ReportsTO:
FROM:
Cttyo//elling.,vre,
HONORABLE CHAIRMAN AND
PLANNING COMMISSION
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
Agenda Item: 6B
Mtg. Date: 08-21-18
MEMBERS OF THE
JULIA STEWART, ACTING PLANNING DIRECTOR
JOHN F. SIGNO, CONTRACT PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ATTACHMENT:
ZONING CASE NO. 944
0 BUGGY WHIP (LOT 175-A-2-MS) (CZYZYK) AND 25
CREST ROAD WEST (LOT 175-A-1-MS)
(CHANDRAN)
RA-S-2, LOT LINE ADJUSTMENT
JOSEPH CZYZYK
THOMAS YUGE, CETECH ENGINEERING
JULY 5, 2018
RESOLUTION NO. 2018-09
REQUEST AND RECOMMENDATION
Applicant Request
The applicant is requesting approval of the resolution for the following:
Proposed Project
The applicant, Mr. Joseph Czyzyk, requests a Lot Line Adjustment between two
parcels of land for properties at 0 Buggy Whip Drive and 25 Crest Road West.
No new development is proposed.
Lot Line Adjustment
The proposed Lot Line Adjustment will result in an increase in lot size at 25 Crest
Road West and a decrease in lot size at 0 Buggy Whip of 5 gross square feet.
Site Plan Review
Pursuant to Section 17.34.020. of the Rolling Hills Municipal Code (RHMC),
applications for a lot line adjustment require a public hearing and the entitlement
is valid as prescribed by a Site Plan Review process in Section 17.46.080.
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Variances
Four Variances are requested: 1) altering non -conforming structural lot coverage,
2) not meeting the minimum frontage along a roadway easement as required by
code, 3) creating a new structural encroachment into a side yard setback, and 4)
worsening an existing legal non -conforming condition as to the size of one of the
lots.
▪ Altering Non -Conforming Structural Coverage
The structural coverage for 25 Crest Road West is 20.3%, which exceeds
the maximum permitted of 20%; however, the proposed lot line
adjustment will reduce the structural coverage to 20.2% because of the
increase 'in net lot area. Thus, the structural coverage will improve, but
will still be nonconforming.
• Minimum Net Lot Sizes
Both lots have a net lot area of less than the required two -acre minimum
required by the RAS-2 zone. Although the net lot area for the property at
25 Crest Road West slightly increases from 1.64 acres to 1.65 acres, the
property at 0 Buggy Whip Drive will decrease from 1.50 acres to 1.47
acres. Thus, a variance request is required.
• New Setback Encroachment
The proposed lot line adjustment would create a situation in which the
main residence at 25 Crest Road West encroaches 4 feet into the required
side yard setback of 35 feet. This new encroachment into the setback
requires a variance.
• Insufficient Roadway Easement Frontage
The frontage along the Buggy Whip roadway easement does not meet the
minimum frontage along a roadway easement as required by Rolling Hills
Municipal Code Section 17.16.060(B). The property at 0 Buggy Whip Drive
is a flag lot which has 31.36 linear feet of frontage along the roadway
easement. While the lot line adjustment creates a wider access to the
property by increasing the frontage to 51.14 linear feet of frontage, the
Municipal Code requires a minimum of 150 linear feet of frontage so the
property still falls short of the requirement. Therefore, a variance is
needed.
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Summary of Lot Changes
ZONING CASE NO. 944
PARCEL 1- 0 BUGGY WHIP DRIVE
APN: 7569-024-022
LOT: 175-A-2-MS
Gross lot area
Net lot area as
calculated by City
EXISTING
87,288 sq. ft.
(2.00 acres)
65,161 sq. ft.
(1.50 acres)
PROPOSED
87,283 sq. ft.
(2.00 acres)
63,888 sq. ft.
(1.47 acres)
PARCEL 2 - 25 CREST ROAD WEST
APN: 7569-024-023
LOT: 175-A-1-MS
Gross lot area
Net lot area as
EXISTING
99,447 sq. ft.
(2.28 acres)
71,359 sq. ft.
calculated by City (1.64 acres)
SOURCE: Owner's Application
PROPOSED
99,452 sq. ft.
(2.28 acres)
71,910 sq. ft.
(1.65 acres)
CHANGE
-5 sq. ft.
-1,273 sq. ft.
CHANGE
+5 sq. ft.
+551 sq. ft.
Recommendation
It is recommended that the Planning Commission review and consider the
attached Resolution No. 2018-09.
BACKGROUND
Planning Commission Review
The Planning Commission approved a similar request for these properties in 2014,
however the entitlement expired and the applicants were required to re -submit.
The resubmitted application includes a very minor modification from the previous
approval.
The Planning Commission visited the properties at the July 17, 2018 field visit
and continued the hearing to the regular evening meeting that same day. At that
time, the Planning Commission directed staff to prepare a resolution of approval.
No neighboring residents inquired about the proposed lot line adjustment.
Environmental Review
The project has been determined to be categorically exempt (Class 5) pursuant to
the California Environmental Quality Act (CEQA) Guidelines, Section 15305.
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LOT LINE ADTUSTMENT/MERGER CRITERIA
16.44.040 Approval or denial of adjustment.
The Planning Commission shall determine whether the parcels resulting from the
adjustment will conform to the applicable provisions of this title. The Planning
Commission may approve, conditionally approve, or deny the lot line adjustment in
compliance with this section. Decisions made by the Planning Commission may be
appealed to the City Council in compliance with Chapter 17.46 of this code.
A. Required findings. A proposed lot line adjustment shall be denied if the Planning
Commission finds any of the following:
1. The adjustment will have the effect of creating a greater
number of parcels than exist before adjustment;
2. Any parcel resulting from the adjustment will conflict with
any applicable regulations of the zoning ordinance; or
3. The adjustment will result in an increase in the number of
nonconforming parcels.
4. The project does not conform to the requirements of the
California Environmental Quality Act.
SITE PLAN REVIEW CRITERIA
17.46.010 Purpose.
The site plan review process is established to provide discretionary review of
certain development projects in the City for the purposes of ensuring that the proposed
project is consistent with the City's General Plan; incorporates, environmentally and
aesthetically sensitive grading practices; preserves existing mature vegetation; is
compatible and consistent with the scale, massing and development pattern in the
immediate project vicinity; and otherwise preserves and protects the health, safety and
welfare of the citizens of Rolling Hills.
17.46.050 Required findings.
A. The Commission shall be required to make findings in acting to approve,
conditionally approve, or deny a site plan review application.
B. No project which requires site plan review approval shall be approved by
the Commission, or by the City Council on appeal, unless the following findings can be
made:
1. The project complies with and is consistent with the goals
and policies of the general plan and all requirements of the zoning ordinance;
2. The project substantially preserves the natural and
undeveloped state of the lot by minimizing building coverage. Lot coverage
requirements are regarded as maximums, and the actual amount of lot coverage
permitted depends upon the existing buildable area of the lot;
3. The project is harmonious in scale and mass with the site,
the natural terrain and surrounding residences;
4. The project preserves and integrates into the site design, to
the greatest extent possible, existing topographic features of the site, including
surrounding native vegetation, mature trees, drainage courses and land forms (such as
hillsides and knolls);
5. Grading has been designed to follow natural contours of
the site and to minimize the amount of grading required to create the building area;
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6. Grading will not modify existing drainage channels nor
redirect drainage flow, unless such flow is redirected into an existing drainage course;
7. The project preserves surrounding native vegetation and
mature trees and supplements these elements with drought -tolerant landscaping which
is compatible with and enhances the rural character of the community, and landscaping
provides a buffer or transition area between private and public areas;
8. The project is sensitive and not detrimental to the
convenient and safe movement of pedestrians and vehicles; and
9. The project conforms to the requirements of the California
Environmental Quality Act.
CRITERIA FOR VARIANCES
17.38.050 Required findings. In granting a variance, the Commission (and Council on
appeal) must make the following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in the
same vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same vicinity
and zone but which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be
observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
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RESOLUTION NO. 2018-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT
BETWEEN TWO LOTS AT 0 BUGGY WHIP DRIVE (LOT 175-A-2-MS)
AND 25 CREST ROAD WEST (LOT 175-A-1-MS) RESULTING IN A NET
TRANSFER OF 5 GROSS SQUARE FEET AND GRANTING A SITE
PLAN REVIEW AND VARIANCES IN ZONING CASE NO. 944
(CZYZYK/ CHANDRAN).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. Joseph Czyzyk, with respect
to real property located at 0 Buggy Whip Drive (Lot 175-A-2-MS) and 25 Crest Road
West (Lot 175-A-1-MS) for a Site Plan Review, Variances, and a Lot Line Adjustment
between the two parcels of land that will result in a net transfer of 5 gross square feet
from the property at 0 Buggy Whip Drive to the property at 25 Crest Road West. Four
Variances are requested: 1) altering non -conforming structural lot coverage, 2) not
meeting the minimum frontage along a roadway easement as required by code, 3)
creating a new structural encroachment into a side yard setback, and 4) worsening an
existing legal non -conforming condition as to the size of one of the lots.
Section 2. California Government Code Subsection 66412(d) authorizes lot
line adjustments without requiring a tentative map, parcel map or final map if: (A) The
lot line adjustment involves two or more existing adjacent parcels, where land is
proposed to be taken from one parcel and added to an adjacent parcel; (B) A greater
number of parcels than originally existed is not thereby created; (C) The lot line
adjustment will create parcels that conform to local zoning and building ordinances;
and (D) The lot line adjustment is approved by the City. The City may impose
conditions on the Lot Line Adjustment in order to make the lot conform to local zoning
and building ordinances, to require the prepayment of real property taxes prior to the
approval of the Lot Line Adjustment or to facilitate the relocation of existing
infrastructure or easements. (Id.)
Section 3. The Rolling Hills Municipal Code also provides a procedure for the
preparation, filing, processing, and approval or denial of a lot line adjustment
application consistent with the policies of the general plan and the requirements of the
Subdivision Map Act. (See Chapter 16.44 of the Rolling Hills Municipal Code.) The
Planning Commission, in approving a lot line adjustment, shall adopt conditions only
as necessary to conform the adjustment parcels to the requirements of Title 17 (Zoning)
and Title 15 (Building and Construction), or to facilitate the relocation of existing
utilities, infrastructure, trails or easements. (See RHMC Section 16.44.040.)
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Section 4. The Planning Commission conducted a duly noticed public hearing
at the site on July 17, 2018 and continued the public hearing to the regular evening
meeting. At that time, the Planning Commission directed staff to prepare a resolution of
approval. No neighboring residents inquired about the proposed lot line adjustment.
Section 5. The Planning Commission finds that the project is categorically
exempt pursuant to Section 15305, Class 5 of the California Environmental Quality Act
(CEQA).
Section 6. RHMC Section 16.44.040 requires the Planning Commission to
make findings in order to approve a lot line adjustment application. The Planning
Commission has considered the evidence, both written and oral, in connection with this
application and with respect to the lot line adjustment application and makes the
following findings:
A. The adjustment will not have the effect of creating a greater number of
parcels than existed before the adjustment.
B. The parcels resulting from the adjustment will not conflict with any
applicable regulations of the zoning ordinance with approval of the variances. Both of
the parcels are in the RAS-2 zone and are under the two net acre minimum lot size.
According to RHMC Section 17.16.060, parcels of record which, prior to the adoption of
the current standard requiring each parcel in the RAS-2 zone to have two net acres, had
smaller than the currently required lot area shall be considered to have the required
area. Both of these parcels were legally created, and thus, are legal nonconforming. This
lot line adjustment will not change the nonconforming status of both lots by any more
than 5 gross square feet. The proposed lot line adjustment will result in Parcel 1 having
2.0 gross acres and 1.47 net acres and Parcel 2 having 2.28 gross acres and 1.65 net acres.
As a result, the legal nonconformity is only intensified or expanded by 0.03 net acre for
the property at 0 Buggy Whip Drive and reduced on the other parcel by 0.01 net acre, an
increase in size. The parcels resulting from the adjustment will not conflict with any
applicable regulations of the zoning ordinance after Variances are granted.
C. The adjustment will not result in an increase in the number of
nonconforming parcels. Section 16.16.010(B) of the Rolling Hills Subdivision Ordinance
and Section 17.16.060(A) of the Rolling Hills Zoning Ordinance requires that each lot in
any subdivision in the RAS-2 Zone shall have a net area of not less than eighty seven
thousand one hundred twenty square feet, (2.0 acres). The lot line adjustment will not
change the number of nonconforming parcels. There will be two parcels under two net
acres as it was prior to the lot line adjustment.
Section 7. Section 17.46.050 of RHMC requires the Commission to make
findings in order to approve a site plan review application. The Planning Commission
has considered the evidence, both written and oral, in connection with this
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applicationand with respect to the Site Plan application for the lot line adjustment and
makes the following findings:
A. The proposed lot line adjustment is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the existing structures will not
changed and comply with the General Plan requirement of low profile, low -density
residential development with sufficient open space between surrounding structures and
maintaining sufficient setbacks to provide buffers between residential uses. And the
uses on the lots promote the rural aesthetic of Rolling Hills.
B. The lot line adjustment substantially preserves the natural and undeveloped
state of the lot as there is no additional development proposed at this time.
C. The existing conditions of the lots are harmonious in scale and mass with
the sites, and are consistent with the scale of the neighborhood in the City. Since the lot
line adjustment will not change the number of nonconforming lots the properties are
not any less consistent with the scale of the neighborhood in the City. The two lots are
also harmonious in scale and mass since there is no construction on either of the two
lots.
D. The lot line adjustment is compatible with the rural character of the
community and makes no change to the existing conditions because no development is
proposed with the lot line adjustment.
E. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because there is no
change in ingress/egress along the two roadway easements or roadway improvements
along the borders of the property,
Section 8. With respect to the Lot Line Adjustment approval and Site Plan
Review approval, the Planning Commission imposes the following conditions:
A. The Lot Line Adjustment approval shall expire within two years from the
effective date of approval as defined in Section 17.46.080, unless otherwise extended
pursuant to the requirements of this section.
C. The lot line adjustment approval shall not in any way constitute any
representation that the adjusted lots can be developed even if in compliance with
current zoning and building ordinance standards. No development, including study of
soils, geology, hydrology, grading, and other requirements, shall occur on the
properties without first complying with all applicable City Building and Zoning
requirements and other applicable rules and regulations.
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D. The lot line adjustment shall not in any respect limit or impair the City's
application of the Site Plan Review or other ordinances or code to the lots at such time
as an application is made for development.
E. The applicants shall execute an Affidavit of Acceptance of all conditions of
this Resolution for approval to be effective.
F. There shall be easements within the adjusted boundaries of the lots, as
required by the Rolling Hills Community Association. Section 16.20.230 of the Rolling
Hills Subdivision Ordinance requires that easements, the width of which are to be
determined by the RHCA, be dedicated for bridle trail and utility purposes over the
strips and portions of land within and abutting upon the property lines and will be
recorded concurrently with the Certificate of Compliance for lot line adjustment. The
maps and legal descriptions showing the new property lines shall be attached to the
Certificate of Compliance, which shall be a separate recorded document.
G. The Certificate of Compliance shall not be issued until a legal description
complying with the delineation of adjustment, and including the required easements
and trails, if any, are submitted to, and approved by the City. Upon the City's approval
of the legal descriptions of the new adjusted lines a Certificate of Compliance shall be
issued by the City, shall be recorded by the property owner in the offices of the Los
Angeles County Recorder, and evidence of the recordation shall be returned to the City.
H. The applicant shall record the deeds of the properties effectuating the
transfer concurrently with the Certificate of Compliance for the Lot Line Adjustment
and shall submit proof of such recordation to the City of Rolling Hills.
Section 9. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone.
A variance from the requirements of Sections 16.16.040„17.16.060, 17.16.070 and
17.16.120 of the Zoning. Ordinance are required for 1) altering non -conforming
structural lot coverage, 2) not meeting the minimum frontage along a roadway
easement as required by code, 3) creating a new structural encroachment into a side
yard setback, and 4) worsening an existing legal non -conforming condition as to the
size of one of the lots..
With respect to the aforementioned request for variances, the Planning
Commission finds as follows:
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A. There are exceptional circumstances and conditions on Parcel 1, including
the shape of the lot, all of which constrain access and development. 0 Buggy Whip is a
flag lot and the lot line adjustment will result in a wider access point for the property.
The increase in the width of the frontage of the flag lot enables a wider driveway for
vehicular access
B. The variance is necessary for the preservation and enjoyment of a
substantial property right of Parcel 1 possessed by other property owners in the same
vicinity and zone but which is denied to the property in question by strict application of
the code. Many flag lots in the city are developed and do not have the minimum
roadway easement frontage.
C. The granting of the variances would not be. materially .detrimental to the
public welfare or injurious to the properties or improvements in such vicinity and zone
in which the properties are located in that the lot line adjustment is minimally visible
from adjacent properties and does not negatively affect drainage or traffic circulation to
and from the properties..
D. In granting the variances, the spirit and intent of the Zoning Ordinance
will be observed in that the two lots are orderly, attractive, and do not detrimentally
affect the rural character of the community. Their development is not proposed to be
changed and is cohesive with the rural character of the area. The lots are already
nonconforming as to their size and the net change of 5 square feet in gross area and side
yard encroachmeof of 4' on Parcel 2 are negligent. The area of the lot behind the house
encroachment is open and usable as a yard and is adjacent to the newly widened access
to Parcel 1, which is developed as a driveway, giving it a very open feel and not
crowding other structures on either of the lots.
E. The variances will not grant special privilege to the applicants because
there is very little change to the two properties and the benefits gained are consistent
with other elements enjoyed by adjacent properties.
F. The variances are consistent with the portions of the County of Los
Angeles Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities because it does not affect any hazardous waste facilities.
PASSED, APPROVED AND ADOPTED ON THE 21ST DAY OF AUGUST, 2018.
BRAD CHELF, CHAIRMAN
ATTEST:
YVETTE HALL, CITY CLERK
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Any action challenging the final decision of the City made as a result of the public
hearing on this application must be filed within the time limits set forth in Section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section
1094.6.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2018-09 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT BETWEEN
TWO LOTS AT 0 BUGGY WHIP DRIVE (LOT 175-A-2-MS) AND 25 CREST
ROAD WEST (LOT 175-A-1-MS) RESULTING IN A NET TRANSFER OF 5
GROSS SQUARE FEET AND GRANTING A SITE PLAN REVIEW AND
VARIANCES IN ZONING CASE NO. 944 (CZYZYK/CHANDRAN).
was approved and adopted at a regular meeting of the Planning Commission on August
21, 2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the following:
Administrative Offices
CITY CLERK
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TO:
City
•
opE?ll,.y Jd�fl,
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
Agenda Item: 7B
Mtg. Date: 07-17-18
HONORABLE CHAIRMAN AND MEMBERS OF THE
PLANNING COMMISSION
FROM: JOHN F. SIGNO, CONTRACT PLANNER
THROUGH: JULIA STEWART, ACTING PLANNING DIRECTOR �S
APPLICATION NO.
SITE LOCATION:
ZONING:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
ZONING CASE NO. 944
0 BUGGY WHIP (APN 7569-024-022) (MR. & MRS.
JOSEPH CZYZYK) AND 25 CREST ROAD WEST
(APN 7569-024-023)(MR. & MRS. RAMA CHANDRAN)
RA-S-2, LOT LINE ADJUSTMENT
JOSEPH CZYZYK
THOMAS YUGE, CETECH ENGINEERING
JULY 17, 2018
REQUEST AND RECOMMENDATION
Proposed Project
The applicant, Mr. Joseph Czyzyk, requests a Lot Line Adjustment between two
parcels of land for properties at 0 Buggy Whip Drive and 25 Crest Road West.
No new development is proposed.
Lot Line Adjustment
The proposed Lot Line Adjustment will result in an increase in lot size at 25 Crest
Road West and a decrease in lot size at 0 Buggy Whip of 5 square feet.
Variances
Four Variances are requested: 1) altering lots already less than the minimum lot
size required by the municipal code, 2) an increase in a non -conforming
structural coverage on one of the properties 3) an increase in a non -conforming
net lot area on one of the properties and 4) creating a new structural
encroachment into a side yard setback.
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Increased Structural Coverage
The structural coverage for 25 Crest Road West is 20.3%, which exceeds the
maximum permitted of 20%; however, the proposed lot line adjustment will
reduce the structural coverage to 20.2% because of the increase in net lot area.
Thus, the structural coverage will improve, but will still be nonconforming.
Minimum Net Lot Sizes
Both lots have a net lot area of less than the required two -acre minimum.
Although the net lot area for the property at 25 Crest Road West slightly
increases from 1.64 acres to 1.65 acres, the property at 0 Buggy Whip Drive will
decrease from 1.50 acres to 1.47 acres. Thus, a variance request is required.
New Setback Encroachment
The proposed lot line adjustment would create a situation in which the main
residence at 25 Crest Road West encroaches 4' into the required side yard setback
of 35'. This requires approval of a variance.
Field Visit
The Planning Commission viewed the project in the field, opened the hearing to
enable brief public testimony and continued the meeting to the evening meeting
of the Planning Commission. It is recommended that the Planning Commission
provide direction to staff and continue the public hearing.
BACKGROUND
0 Buggy Whip Drive
The property at 0 Buggy Whip Drive has a net lot area of 65,161 square feet or 1.5
acres. It was created as a "flag lot" having a narrow street frontage for access
purposes. The property is improved with a 7,147-square-foot residence, 963-
square-foot barn, 617-square-foot cabana/pool house, swimming pool and spa,
hardscape, and landscape improvements.
The frontage along the roadway easement for the property at 0 Buggy Whip
Drive will increase from approximately 31' to 51' as a result of the lot line
adjustment. However, this still would not meet the minimum requirement of
150' of frontage along a roadway easement as required by code.
25 Crest Road West
The property at 25 Crest Road West has a net lot area of 71,159 square feet or 1.64
acres. The property is improved with a 6,235-square-foot residence, swimming
pool and spa, tennis court, hardscape, and landscape improvements.
The frontage along the roadway easement for the property at 25 Crest Road West
meets the minimum requirement of 150'. Although the property is a corner lot,
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Crest Road West is considered the frontage since the address and driveway are
situated on it.
Past Property Approval
0 Buggy Whip
In 1982, a new 5,000-square-foot residence, attached garage, cabana, and a stable
were constructed on the property. The swimming pool and spa were completed
in 1983.
On January 15, 2002, a house fire originating from a bedroom caused substantial
damage to the residence. The fire also damaged the entry area and living room.
The City Manager and Fire Captain inspected the home, and determined that the
home was more than likely unsalvageable. The owners were assured that the
City would do its utmost to expedite the permit process to reconstruct the home.
On September 13, 2002, City staff administratively approved the demolition of
the fire -damaged residence. Two walls above the basement were to remain.
On April 24, 2003, City staff administratively approved the reconstruction and
addition of the residence following a fire.
On November 18, 2003, City staff administratively approved a porte cochere.
On September 23, 2004, City staff administratively approved the removal and
replacement of a spa in a new location.
On February 28, 2013, City staff administratively approved a 150-square-foot
addition to the residence.
25 Crest Road West
On October 18,1983, the Planning Commission approved Zoning Case No. 287
approving a conditional use permit for a tennis court. The project included a
conditional use permit for construction of the tennis court and a variance request
for encroaching 55 feet into the front yard setback. The approval included a
condition that the tennis court be fully screened with landscaping. On November
14,1983, the City Council received and filed the project.
A lot line adjustment between 0 Buggy Whip Drive and 25 Crest Road West was
approved by the City Council on March 10, 2014, and by the Planning
Commission on February 18, 2014, under Zoning Case No. 849 (Resolution No.
2014-05). However, the approved lot line adjustment was not pursued and
Zoning Case No. 849 was allowed to expire. Hence, in order to proceed with the
lot line adjustment the current application is needed.
ZC NO.944
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MUNICIPAL CODE COMPLIANCE
Zoning, Lot Size, and Lot Width
The lots are located in the RAS-2 zoning district. The existing parcels are non-
conforming due to their size; each having a net lot area less than 2 acres. The net
lot area for 25 Crest Road West will increase from 1.64 to 1.65 acres, but the net
lot area for 0 Buggy Whip Drive will be reduced from 1.50 to 1.47 acres, a loss of
1,273 square feet. However, the proposed lot line adjustment will increase the lot
width along the street frontage of 0 Buggy Whip Drive from approximately 31' to
51' bringing it more into conformance, albeit still nonconforming, to the City's
requirement of 150'.
Rolling Hills Community Association
Approval from the RHCA is also required for this lot line adjustment.
DISCUSSION
Lot Line Adjustment Justification
The purpose of the adjustment is to create a wider access to 0 Buggy Whip Drive,
which is a flag lot that has an approximately 31' frontage along the roadway
easement. Approval of the lot line adjustment would increase the frontage along
the roadway easement to 51'. Land will be transferred from each property to the
other so that the net balance in gross lot area results in an increase of 5 square
feet for the property at 25 Crest Road West.
In terms of net lot area, the property at 0 Buggy Whip Drive loses 1,273 square
feet of land while the property at 25 Crest Road West increases by 551 square
feet. This is because the property at 0 Buggy Whip would gain land that is within
a required setback and unusable for development, while the property at 25 Crest
Road West would gain developable land.
Notwithstanding the issues discussed above, the lot line adjustment would not
only widen the lot frontage of 0 Buggy Whip Drive but would also allow the
property lines to better reflect the existing grade contours and site
improvements.
No new lots are being created and no new development is being proposed with
this application.
Statement by Applicant
"The existing property is a flag lot parcel that was created during the original
subdivision of the area. The site has a single-family residence and no change is
contemplated as part of this procedure. The proposed Lot Line Adjustment
(LLA) with the property located at 24 Crest Road West,` Rolling Hills, results in a
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lot width along the Buggy Whip frontage of the property, less than the required
lot width for frontage of an RA-S-@ zoned property. The net lot area of the
subject property, after the LLA, is less than the required net lot area of 87,120
square feet.
The proposed LLA results in a flag lot configuration of the subject property that
is similar to the original property boundaries. The LLA will increase the existing
lot width frontage from that of a pre-existing frontage condition of a legally
created flag lot shaped parcel of land, Lot 1 of Tract No. 30440. Although the new
lot width is less than the requirements for the RA-S-2 Zoning, the lot width
frontage is actually increased from the original lot width of 31.36 feet to 51.14
feet.
The original net lot area of the existing property is 65c161 square feet whereas the
net lot area after the LLA is 63,888 square feet, a reduction of 1,273 square feet.
This reduction is approximately 1.95% of the original net lot area of the legally
created lot. The original lot had 74.8% of the code required net lot area would be
73.3%, a reduction of about 1.5%. These amounts are insignificant due to the flag
lot shaped parcel of the subject parcel.
Such change will not be materially detrimental to the public welfare nor
injurious to the property or improvements in such vicinity and zone where
property is located because an increase of lot width frontage w2ould have no
significant impact to surrounding areas as the project increases the narrow lot
width frontage of an existing flag lot shaped parcel of land.
The reduction in net lot area is not significant to the surrounding area so the
main area of reduction in net lot area occurs approximately 250 feet from
adjacent roadways and is not readily visible to the general public".
Zoning Code and Subdivision Requirements
The application was evaluated as to conformance with all applicable zoning and
subdivision standards. The transfer will not result in creating new
nonconformity, with exception to the side yard encroachment for 25 Crest Road
West. Both parcels currently do not meet the minimum 2-acre net lot area
standard and with the transfer will still not meet the minimum. The property at
25 Crest Road, currently has structural coverage of 20.3% and with the
adjustment of lot lines will have structural coverage of 20.2%; and the 0 Buggy
Whip Drive property currently has structural coverage of 15.4% and with the
adjustment of lot lines will have structural coverage of 15.7% The lot sizes will
change as follows:
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1
APN: 7569-024-022
Gross lot area
Net lot area as
calculated by City
APN: 7569-024-023
Gross lot area
Net lot area as
calculated by City
PARCEL 1- 0 BUGGY WHIP DRIVE
EXISTING PROPOSED CHANGE
87,288 sq. ft. 87,283 sq. ft.
(2.00 acres) (2.00 acres)
65,161 sq. ft. 63,888 sq. ft.
(1.50 acres) (1.47 acres)
PARCEL 2 - 25 CREST ROAD WEST
CONSIDERATIONS
EXISTING
99,447 sq. ft.
(2.28 acres)
71,359 sq. ft.
(1.64 acres)
PROPOSED
99,452 sq. ft.
(2.28 acres)
71,910 sq. ft.
(1.65 acres)
-5 sq. ft.
-1,273 sq. ft.
CHANGE
+5 sq. ft.
+551 sq. ft.
Irregular Shape
The lot line adjustment has been agreed upon by both property owners. The
existing lot at 0 Buggy Whip Drive is currently irregular in shape, and with this
adjustment, will continue to be irregular with narrow frontage along Buggy
Whip Drive. There are many properties in the City that are irregular in shape.
Planning Commission Responsibilities
When reviewing a development application, the Planning Commission must
consider whether the proposed project meets the criteria for a Lot Line
Adjustment and Variance, as seen below.
Pursuant to the Subdivision Map Act, the Planning Commission may not impose
conditions or exactions on its approval of a lot line adjustment except to conform
to local zoning and building ordinances. There are variances associated with the
application due to the existing and proposed non -conformities, which the City
could impose conditions on.
Review by RHCA
The Rolling Hills Community Association will review this project and any
easements to be recorded.
Environmental Review
The Project has been determined to be exempt from the California Environmental
Quality Act, (CEQA) pursuant to Class 5, Section 15305, Minor Alterations in
Land Use Limitations, of the CEQA Guidelines.
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LOT LINE ADJUSTMENT/MERGER CRITERIA
16.44.040 Approval or denial of adjustment.
The Planning Commission shall determine whether the parcels resulting from the
adjustment will conform to the applicable provisions of this title. The Planning
Commission may approve, conditionally approve, or deny the lot line adjustment in
compliance with this section. Decisions made by the Planning Commission may be
appealed to the City Council in compliance with Chapter 17.46 of this code.
A. Required findings. A proposed lot line adjustment shall be denied if the Planning
Commission finds any of the following:
1. The adjustment will have the effect of creating a greater number of parcels
than exist before adjustment;
2. Any parcel resulting from the adjustment will conflict with any applicable
regulations of the zoning ordinance; or
3. The adjustment will result in an increase in the number of nonconforming
parcels.
4. The project conforms to the requirements of the California Environmental
Quality Act.
CRITERIA FOR VARIANCES
17.38.050 Required findings.
In granting a variance, the Commission (and Council on appeal) must make the
following findings:
A. That there are exceptional or extraordinary circumstances or conditions
applicable to the property that do not apply generally to other properties in
the same vicinity and zone;
B. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same
vicinity and zone but which is denied the property in question;
C. That the granting of such variance will not be materially detrimental to the
public welfare or injurious to properties or improvements in the vicinity;
D. That in granting the variance, the spirit and intent of this title will be
observed;
E. That the variance does not grant special privilege to the applicant;
F. That the variance is consistent with the portions of the County of Los
Angeles Hazardous Waste Management Plan relating to siting and siting
criteria for hazardous waste facilities; and
G. That the variance request is consistent with the general plan of the City of
Rolling Hills.
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SOURCE: City of Rolling Hills Zoning Ordinance
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